Two Galveston, TX, homeowners are suing the sellers of a home they purchased, saying they failed to disclose construction that had been done in the home without proper permitting.
Greg Ruiz and Karen Ruiz filed a complaint Aug. 17 against Austin Hughes and Maria Hughes in the 405th District Court of Galveston County.
The complaint says that on or about Jan. 29, 2021, the plaintiffs purchased a Galveston home from Austin and Maria Hughes. They plaintiffs allege the defendants “negligently or intentionally misrepresented facts regarding the property,” which the plaintiffs relied upon in their decision to purchase the home.
The filing states Texas Property Code requires sellers disclose information regarding any defects, structural repairs, structure modifications, or other alterations or repairs made without necessary permits. In the complaint, the plaintiffs say the sellers denied in their disclosures that any structural modifications or alterations had been made without necessary permits.
“In fact, Defendants had performed structural modifications to the property including the removal of an interior structural wall,” the complaint states. “Additionally, the work was performed without a permit.”
The complaint adds that the support system added to replace the load-bearing wall was sub-standard and insufficient, and that about a year
after their purchase, the plaintiffs discovered discovered that “the replacement beam was collapsing causing areas of the second floor to
become separated.”
The complaint notes other damages include shifting of the second floor resulting in flooring issues and separations in drywall and baseboards. All this, the plaintiffs say, has caused them to incur substantial costs for remedial engineering and construction work, which they seek to recoup.
The plaintiffs are making a claim under the Deceptive Trade Practices Act and are alleging fraudulent inducement and statutory fraud. They are asking the court for actual damages, exemplary and treble damages, damages for mental anguish, interest, court costs, attorney’s fees and all other just relief.
The plaintiffs are being represented by Bryan R. Lasswell of McLeod, Alexander, Powel & Apffel, P.C. of Galveston.